Plea deal expected for Northampton man in brother-in-law's killing

Prosecutor and attorney for Todd Lindenmoyer are negotiating a prison term.

Todd Lindenmoyer, charged with killing his brother-in-law in a Northampton… (CONTRIBUTED PHOTO )

August 08, 2012|By Riley Yates, Of The Morning Call

A Northampton man accused of gunning down his brother-in-law during an argument is expected to plead guilty as part of a plea bargain, a prosecutor and a defense lawyer said in court Wednesday.

Todd S. Lindenmoyer, 34, faces a count of homicide, a blanket charge that ranges from first-degree murder to involuntary manslaughter. His attorney, John Waldron, said he and the Northampton County district attorney's office have agreed on the charge Lindenmoyer would admit to, but are negotiating other details.

On March 20, 24-year-old Edward A. Kimak of Catasauqua was killed by a single shotgun blast to the chest and stomach at Lindenmoyer's home. Police said Kimak had gotten into a dispute with Leah Marie Kimak, his sister and Lindenmoyer's wife, when Lindenmoyer brought the 12-guage up from the basement and shot him.

At Wednesday's pretrial hearing, Waldron was not specific about the plea negotiations, with Assistant District Attorney John Obrecht interrupting him and saying he did not want them to be public. But Waldron told Judge Stephen Baratta that he expects a set prison term will be part of the agreement.

Waldron has previously argued the case was one of voluntary or involuntary manslaughter, if not an accident.

It was Lindenmoyer who called 911, meeting an officer outside the house at 735 Washington Ave. and saying he had "just shot him" and that he had "shot (his) own family," according to court records.

A conviction for first-degree murder brings with it an automatic sentence of life in prison without parole. Voluntary manslaughter, by contrast, can bring up to 10 to 20 years; involuntary manslaughter, up to 21/2 to five years.

According to testimony Lindenmoyer's May preliminary hearing:

Lindenmoyer told state police he was working in the basement when he heard an argument erupt between his wife and her brother. Lindenmoyer said he went upstairs to the kitchen and told Kimak to leave.

But Kimak wouldn't, and Lindenmoyer headed back downstairs, where he grabbed a 12-gauge pump-action shotgun and heard the "click" of a shell entering the chamber.

Lindenmoyer claimed he was only trying to scare Kimak, who was ignoring threats that police would be called if he didn't leave the house. But confronting Kimak again, Lindenmoyer said he realized it was a "stupid act" to be carrying a loaded gun, and was returning to the basement when he heard his brother-in-law moving behind him.

As Lindenmoyer turned on the stair landing, the gun got caught between a pipe and the wall, he recounted to police. After freeing the weapon, Lindenmoyer was holding it at hip level when it went off and Kimak was felled, he maintained.

Baratta scheduled the next court hearing for Oct. 19, saying he will take Lindenmoyer's plea then if a deal is finalized. If not, the case is scheduled for trial on Nov. 5.